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(영문) 서울중앙지방법원 2016.10.19 2016고단6127

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 9,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On February 21, 2007, the Defendant issued a summary order of 1.5 million won to a fine for a violation of the Road Traffic Act at the Seoul Central District Court on February 21, 2007, and on November 25, 201, the Defendant issued a summary order of 2.5 million won to a fine for a violation of the Road Traffic Act (driving) at the Gyeyang Branch Branch of the Suwon District Court on November 25, 201.

【Criminal Facts】

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, was under the influence of alcohol level of 0.188% on August 12, 2016, driving BenzA car from the roads near Samsungdong, Gangnam-gu to the roads of 1665-13, Seocho-gu, Seoul, Seocho-gu, under the influence of alcohol level of 0.18%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, an appraisal report on blood alcohol concentration, a report on detection of a drinking driver, and an investigation report (applicable to the Tramark formula);

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a selective fine (the defendant was discovered three times due to drinking, and blood alcohol concentration was high, but the first drinking driving force was past for more than nine years, considering that the defendant's age, character and conduct, environment, circumstances of drinking driving, and circumstances after committing the crime, etc., various sentencing conditions should be considered);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;